Opinion
8:08CR335.
December 30, 2008
ORDER
This matter is before the court on the defendant's motion to continue trial (Doc. 24). For good cause shown, and upon the representation that there is no objection, trial will be continued to February 3, 2009.
IT IS ORDERED that the motion is granted, as follows:
1. The jury trial now set for January 13, 2009 is continued to Tuesday, February 3, 2009.
2. In accordance with 18 U.S.C. § 3161(h)(8)(A), the court finds that the ends of justice will be served by granting this continuance and outweigh the interests of the public and the defendant in a speedy trial. Any additional time arising as a result of the granting of this motion, that is, the time between January 13, 2009 and February 3, 2009, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act because counsel require additional time to adequately prepare the case, taking into consideration due diligence of counsel and the novelty and complexity of this case. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(8)(A) (B)(iv).